Question
A test identification parade is conducted where the
eyewitness is asked to identify the accused from a group of persons. The prosecution relies on this parade to establish the eyewitness's previous identification and memory. Which section of the Bharatiya Sakshya Adhiniyam makes evidence of such test identification parade admissible as a fact necessary to establish identity?Solution
Section 7 of BSA states: "Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or a relevant fact, or which establish the identity of anything, or person whose identity, is relevant, or fix the time or place at which any fact in issue or relevant fact happened...are relevant in so far as they are necessary for that purpose." Test identification parade facts are admissible under Section 7 because they "establish the identity of...person whose identity, is relevant."
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